[tanknetter]

I still wonder what what caused Thomas and Alito to be the two dissenting votes.

Maybe they wanted to be batting 1.000 instead of .800

There's that. Or ...

They may have been playing the "bad cop" role to allow the "good cop" (Scalia) to craft a majority opinion that traded one point for getting the Liberal Bloc to sign onto a 80% Conservative majority opinion.

Just a thought, anyways ...

[thecodont]

Nice theory.

[smoothsailing]

Just a thought, anyways ...

It's a good thought, I can certainly see that being the case.

[jazusamo]

Bump for a good thought and theory.